In consideration for Travel Superstore Inc.'s agreement to assist the customer (the "Customer") in purchasing travel services from various suppliers, the Customer agrees to the following terms and conditions based upon which the Agency has agreed to provide its services to the Customer. The Customer in accepting this itinerary/invoice agrees that it has accepted the terms and conditions set out therein:
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- Travel Superstore Inc. doing business as Tripcentral.ca (the "Agency") is acting as agent and intermediary for suppliers (the "Principals"), who are not related, affiliated, or controlled by the Agency, in selling limitation, such as services or in accepting reservations or bookings for services, which are not performed or supplied by the Agency; including without limitation, such services as air carriage, hotel accommodations, ground transportation, meals, tours, excursions, cruises, etc.. As the Agency is acting solely as an agent between the Principal and the Customer, the Customer agrees that it shall be subject to the terms and conditions of sale of each Principal's travel services. No employee or officer of the Agency has the authority to modify or waive any provisions of a Principal's terms and conditions.
- The Agency shall not be responsible for any breach of contractor or any intentional or negligent actions or omissions on part of such Principals, which may result in any loss, damage, delay, or injury to you, your travel companions or group members, or any of your personal property. The Principals liability may also be limited by law, tariffs or in terms and conditions of sale set out in tickets, vouchers, invoices, receipts, reservation itineraries, advertisements and other brochures. The agency hereby strongly advises you to carefully read and understand the terms and conditions, including the limitations of liability, set forth in such documents.
- Unless the term "guaranteed" is specifically stated in writing on your itinerary/invoice, ticket, receipt or reservation itinerary, the Agency does not warrant or guarantee the quality or performance of the Principal's services, whether or not the Principal's services were purchased through the Agency. For greater clarity, the Agency does not warrant or guarantee the Principals fee, charges, fares, costs, rates, bookings, service quality, connections, scheduling, or handling of personal effects. In consideration for embarking upon travel for which the Customer has sought the assistance of the Agency, the Customer hereby agrees to voluntarily assume all risks involved in such travel, whether expected or unexpected, or whether directly or indirectly the result of such travel.
- Unless otherwise stated, all of the services purchased from the Agency as described in the Customer's itinerary/invoice including, without limitation, departure point, arrival point, names, dates, times, airlines, hotels, car rentals, insurance coverage, ground transportation, tours, excursions, cruises, meals, etc. are non-refundable and non-transferable, and cannot be changed or canceled. Notwithstanding, in those cases where change or cancellation is possible, the Customer acknowledges that such change or cancellation shall require the payment of penalties, which may be equivalent to the full price paid for the service being changed or cancelled. In the event of changes or cancellation, the penalties which apply will be determined by each Principal, whose services form a part of the Customer's itinerary/invoice being changed or cancelled. The Agency shall have the right to charge the Customer a service charge, for the Agency's assistance in completing such a change or cancellation, which service charge shall be determined in the sole discretion of the Agency; and, which service charge shall be a minimum of one hundred (100) dollars, to a maximum of twenty percent (20%) of the total value of the original transaction (s) completed for the Customer by the Agency, each transaction being changed or cancelled. Requests for any changed or cancelled. Requests for any changes or cancellations must be made by the Customer to the Agency in writing; and, such requests be delivered to the Agency in person or by fax at least three (3) business days before the commencement of the travel for which a change or cancellation is being sought, failing which the Agency shall not be able to provide any assistance to facilitate a change or cancellation.
- The Customer's verbal or written authorization, authorizing the Agency to use the Customer's credit card and applicable credit card number for fees, payments or charges associated with the Customer's purchase of the Principal's services, and such Agency service charges related thereto, as set out in the Customer's itinerary/invoice indicates the Customer's agreement with each Principal's term and conditions of sale, whether or not the customer has actually signed the credit card voucher or sales draft for the purchase of such services. The Customer agrees that providing the Agency with the Customer's credit card and applicable credit card number and expiry date over the telephone, or the Customer's request to charge the services listed on this itinerary/invoice to a credit card and applicable credit card number kept on file by the Agency, shall be deemed to be the Customer's irrevocable authorization and direction to the Agency authorizing and directing the Agency to purchase each Principal's services on behalf of the Customer, and shall also be deemed to be conclusive evidence of the Customer's agreement with the terms and conditions of such sale.
- The Agency and its employees, officers, directors and shareholders, shall not be held jointly or severally responsible for any injuries, damages or losses caused to the Customer, or any of the Customer's travel companions or group members, as a direct or indirect result of any terrorist activities, social or labour unrest, mechanical or construction difficulties, diseases, local laws, climatic conditions, abnormal conditions or developments, or any other actions, omissions or conditions beyond the control of the Agency.
- The Agency and its employees shall not be responsible for any losses or damages, either directly or indirectly, due to any Principal's bankruptcy, insolvency, receivership, or cessation of operations for whatever reason. These losses include, but are not limited to, unused travel services, and costs and damages associated with delayed or cancelled return transportation. The Agency hereby advises the Customer that non-Ontario Principals who supply travel services, or not covered by the Travel Industry Compensation Fund (TICO). It is impossible for the Agency to make judgements as to the financial security or viability of any private or public supplier of travel services under any contract of sale. The Agency shall not be responsible for any direct or indirect damage loss suffered by the Customer as a result of the failure of any public or private supplier of travel services, whose services have been purchased for the Customer by the Agency. The Agency hereby advises the Customer that the default insurance available for such purchases contains limitations of payment and coverage, and as such, the Agency shall not be responsible to the Customer for any losses in excess of the insurance company's coverage, if such insurance coverage is purchased by the Customer. The customer is hereby warned of the risks set out above.
- The Agency advises the Customer to purchase private insurance coverage at the time the Agency completes the purchase of travel services for the Customer. The Agency hereby advises the Customer that all of the policies of travel insurance sold by the Agency have exclusions, restrictions, and limitations of coverage; and, the Customer agrees that the Agency shall not be responsible for any losses or damage suffered by the Customer, the Customer's travel companions, or group members, as a result of exclusions, restrictions or limitations contained in such policies of insurance.
- The Customer hereby agrees to convey the terms of sale set out herein to all the Customer's travel companions or all the Customers group members, as necessary, to ensure that all of these individuals understand the terms and conditions set out herein. In exchange for the services provided to the Customer by the Agency, the Customer agrees to indemnify, and hold the Agency harmless from any and all claims brought by any of the Customer's travel companions and/or group members arising from the Customer's failure to communicate the terms and conditions hereof to these individuals as provided herein.
- The jurisdiction of this agreement shall be the laws in force and effect in the Province of Ontario, Canada. The invalidity of any provision contained herein shall not affect the validity of any other provision.
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